524 Personal Electronic Communication Devices Including Cell Phones

I. PURPOSE

The objective of this policy is to support the school district’s focus on learning in alignment with the district’s mission to ignite students’ passion for learning, cultivate a strong foundation of knowledge, and foster a sense of community within our schools. Possession and use of personal electronic communication devices must be regulated to ensure that such devices do not disrupt or interfere with the education process or school operations, impair the safety, welfare, and privacy of students and staff, or are used as part of an act of academic dishonesty.

II. GENERAL STATEMENT OF POLICY

To minimize the impact of personal electronic communication devices on student behavior, mental health, and academic attainment and to support school environments in which students can engage fully with their classmates, their teachers, and instruction, the school board has determined the use of personal electronic communication devices by students during school hours should be limited.

III. DEFINITIONS

A. “Bell-to-Bell” means from when the first bell rings at the start of the school day to begin instructional time until the dismissal bell rings at the end of the academic school day. “Bell-to bell” includes lunch and time in between class periods.

B. “Cell Phone” means a personal device capable of making calls, transmitting pictures or video, or sending or receiving messages through electronic means. The definition of cell phone includes a non-smart phone that is limited to making phone calls or text messages and a smart phone that encompasses the above features.

C. “Cyberbullying” means bullying using technology or other electronic communication, including but not limited to a transfer of a sign, signal, writing, image, sound, or data, including a post on a social network Internet website or forum, transmitted through a computer, cell phone, or other electronic device.

D. “Instructional Time” means any structured or unstructured learning experiences that occur from when the first bell rings at the start of the school day until the dismissal bell rings at the end of the academic school day.

E. “Personal Electronic Communication Device” means any personal device capable of connecting to the internet, a cellular or Wi-Fi network, or directly connects to another similar device. Personal electronic communication devices may include cell phones, wearable devices such as smart watches, personal headphones, earbuds or pods, laptops, tablets, virtual reality devices, and other personal electronic communication devices with the abovementioned characteristics.

F. “Stored” means a cell phone or personal electronic communication device not being carried on the student’s person, including not in the student’s pocket. Storage options may include, but are not limited to, in the student’s backpack, in the student’s locker, in a locked pouch, or in a designated place in the classroom, as determined by school administration.

IV. PERSONAL ELECTRONIC COMMUNICATION DEVICE USE AND STORAGE

A. Personal Electronic Communication Device Use

1. Elementary and Middle Schools (K-8)

a. Students are prohibited from using personal electronic communication devices on school premises from bell-to-bell, which includes but is not limited to instructional time, lunch periods, recess, school-sponsored programs, events or activities, or any other time during the school day. 

b. All personal electronic communication devices shall be kept in designated areas and silenced.

2. High Schools (9-12)

a. Students are prohibited from using personal electronic communication devices during instructional time, which includes the entire period of a scheduled class and other times when students are directed to report to and participate in any instructional activity.

b. Students may wear smart or electronic watches but may not use any communication applications or features that are prohibited from use on other personal electronic communication devices and all notifications must be silenced.

c. All personal electronic communication devices shall be kept in designated areas and silenced during instructional time. Personal electronic communication devices may be used during passing times and their scheduled lunch periods; however, such use is discouraged.

B. School-Sponsored Activities (outside of bell-to-bell school day)

School administration may establish guidelines for personal electronic communication device possession and use during off-campus school-sponsored activities, such as extracurricular activities, outdoor and service trips, and school field trips. These guidelines will be provided at pre-activity meetings, activity-specific permission slips, and by other means as appropriate in the circumstances.

V. LIMITATIONS ON USE OF AND STORAGE OF PERSONAL ELECTRONIC COMMUNICATION DEVICES

A. Limitations on Use of Personal Electronic Communication Devices

1. Personal electronic communication devices may not be used in any manner that causes or results in disruption of the educational environment or school-sponsored extracurricular activities or events or impairs or interferes with school district operations.

2. Devices, including but not limited to personal electronic communication devices, with audio, video, or photo-taking capabilities shall not be used at any time in locker rooms, bathrooms, or other locations where the presence of such devices poses an unreasonable risk to the safety, welfare, or privacy of others. Confiscation and search of such devices will occur if found in these areas.

3. The school district strongly discourages and disfavors using a device to record or photograph someone without their permission in general and it is specifically prohibited in bathrooms, locker rooms, school buses or during instructional time unless otherwise authorized by a school official.

4. Personal electronic communication devices may not be used to engage in bullying, cyberbullying, harassment, discrimination, or other activity prohibited under federal or state law or under school district policy.

5. Personal electronic communication devices shall not be used during a lockdown drill, a fire drill, or a similar safety drill.

B. Storage of Personal Electronic Communication Devices

Students shall keep their personal electronic communication devices in a secure place, such as the student’s locker, a closed backpack, a storage device provided by the school, or an area designated by the classroom teacher at all times when personal electronic communication device use is prohibited.

VI. EXCEPTIONS

A. Nothing in this policy prohibits a student from using a personal electronic communication device for a purpose documented in the student’s individualized education program, a plan developed under section 504 of the Rehabilitation Act of 1973, or a health care plan in force regarding the student.

B. A student may use a personal electronic communication device to monitor or address a health concern or medical condition upon permission granted by school administration.

C. Students may use a personal electronic communication device when the use is necessary to respond to or report an emergency. For purposes of this policy, “emergency” means an actual or imminent threat to the health or safety of students and/or school personnel, which may result in death, bodily injury, or substantial property damage.

D. A student may use a personal electronic communication device during a time at which use would otherwise be prohibited when the student has been granted permission from a staff member to use the device. If the school district implements a curriculum that uses technology, students may be allowed to use their own personal electronic communication devices to access the curriculum. Students who are allowed to use their own devices to access the curriculum will be granted access to any application or electronic materials when they are available to students who do not use their own devices, or provided free of charge to students who do not use their own devices for curriculum.

E. A personal electronic communication device may be stored in student vehicles parked on school district property provided that the device is not removed from the vehicle while on school district property.

F. Students who need to make a call may request permission to use a telephone in the building office.

VII. RESPONSE TO VIOLATIONS

If a student violates this policy, a teacher or administrator shall take the following disciplinary measures:

A. Level 1 - The staff member / teacher will restate the expectation and direct the student to place the personal electronic device in an appropriate location.

B. Level 2 - The staff member will work with administration.  The device may be placed in the office for a period of time and/or require parent pickup. If the incident occurs in the afternoon, pickup and/or notification may not occur until the following morning. Level 2 documentation is required and additional interventions may take place per the student handbook.

C. Level 3 - Administration will coordinate the intervention. This can include, but is not limited to, a period of time (not to exceed 45 school days) where the device may not be allowed in the school. Frequent check-ins, and/or additional interventions with staff may be implemented. Level 3 documentation is required and additional interventions may take place per the student handbook.

VIII. SCHOOL DISTRICT RESPONSIBILITY

A. The school district is not responsible for, nor is it required to investigate, any lost, stolen, or damaged personal electronic communication devices brought onto school grounds or the bus or school-sponsored activities or events.

B. The school board directs the superintendent and school district administration to establish additional rules and procedures regarding student possession and use of personal electronic communication devices in schools as the superintendent and school district administration find appropriate. These rules shall be consistent with this policy and other applicable school district policies. These rules and procedures should seek to minimize the impact of personal electronic communication devices on student behavior, mental health, and academic attainment. These rules and procedures may be designed for specific grade levels, or pursuant to similar criteria.

C. If the school district has a reasonable suspicion that a student has violated a school policy, rule, or law by use of a personal electronic device, or that a device contains evidence of such a violation, a school administrator may search the device. The search will be reasonably related in scope to the circumstances justifying the search.

Legal References:

• Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act
• Minn. Stat. § 13.32 (Educational Data)
• Minn. Stat. § 121A.031 (School Student Bullying Policy)
• Minn. Stat. § 121A.73 (School Cell Phone Policy)
• Minn. Stat. § 124D.166 (Limit on Screen Time for Children in Preschool and Kindergarten)
• Minn. Stat. § 125B.15 (Internet Access for Students)  
• Minn. Stat. § 125B.26 (Telecommunications/Internet Access Equity Act)
• 29 U.S.C. § 794 (Nondiscrimination under Federal Grants and Programs)

Cross References:

• Burnsville-Eagan-Savage School District Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
• Burnsville-Eagan-Savage School District Model Policy 406 (Public and Private Personnel Data)
• Burnsville-Eagan-Savage School District Model Policy 506 (Student Discipline)
• Burnsville-Eagan-Savage School District Model Policy 514 (Bullying Prohibition Policy)
• Burnsville-Eagan-Savage School District Model Policy 515 (Protection and Privacy of Student Records)
• Burnsville-Eagan-Savage School District Model Policy 634 (Internet, Technology, and Acceptable Use and Safety Policy)
• MASSP/MESPA, The Cell Phone Toolkit (July 2024)